People v. Bramscher CA2/6

Filed 10/16/23 P. v. Bramscher CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B325075 (Super. Ct. No. 22PT-00629) Plaintiff and Respondent, (San Luis Obispo County)

v.

WILLIAM BRAMSCHER,

Defendant and Appellant.

William Bramscher appeals from the trial court's order declaring him an offender with a mental health disorder (OMHD) as described in Penal Code section 2962.1 He was diagnosed as suffering from a “delusional disorder.” He had two qualifying offenses for making criminal threats in violation of section 422,

1 All statutory references are to the Penal Code.

subdivision (a). The trial court committed him to the Department of State Hospitals for treatment. Appellant contends the trial court failed to advise him of his right to a jury trial and also failed to obtain a personal waiver of that right. In addition, he contends the evidence is insufficient to show he had “been in treatment for [his] severe mental health disorder for 90 days or more within the year prior to [his] parole release day.” (§ 2962, subd. (d)(1).) We affirm. Jury Waiver Facts On September 20, 2022, the following colloquy occurred between appellant’s counsel and the trial court judge: “[COUNSEL:] “As I indicated, Your Honor, I had spoken to Mr. Bramscher last week, and he will be waiving jury trial, proceeding with a court trial. . . . “THE COURT: All right. Very well.” Appellant was present during the above colloquy and remained silent. On October 11, 2022, the following colloquy occurred between a different judge and appellant: “THE COURT: . . . [A]s I understand it, Mr. Bramscher, you've already waived your right to a jury trial; is that right? “[APPELLANT]: Yes, sir. My recollection as well, Your Honor, is it's been waived for Court trial, that's correct. “THE COURT: Okay. And that's still what you want to do? “[APPELLANT] That is still what I want to do, Your Honor. “THE COURT: Very good.”